EPA v. Dmg Resources LLC

Case summary

FIFRA NOTICE OF WARNING: 8/15/2024 Dmg Resources LLC Notice of Warning and Notice of Intent to Terminate Establishment Registration ? Immediate Action Required Docket No.: FIFRA-04-2024-3769 Dear Paul McCreight: This Notice of Warning is issued to Dmg Resources LLC pursuant to Section 9(c)(3) of FIFRA, 7_U.S.C._?_136g(c)(3). The U.S. Environmental Protection Agency is hereby alleging that Dmg Resources LLC violated Section 12(a)(2)(L) of FIFRA, 7_U.S.C._?_136j(a)(2)(L), by failing to file one or more annual Pesticide Report(s) for Pesticide-Producing and Device-Producing Establishments (EPA Form 3540-16) for one or more years and establishments, as required by Section 7(c) of FIFRA, 7_U.S.C._?_136e(c). The annual reports identified as missing are as follows: EPA Establishment Number Reporting Year(s) 92551-FL-1 2020; 2021; 2022; 2023 Pursuant to 40 C.F.R. ? 167.85(d), producers operating an active establishment must submit an annual report on or before March 1, of each year covering production during the previous calendar year (the reporting year), even if no pesticide product or device was produced at the establishment for that reporting year. Pursuant to Section 14 of FIFRA, 7 U.S.C._136l, and 40 C.F.R. Part 19, failure to comply with this reporting requirement may subject your producing establishment to an administrative civil penalty. The EPA has determined, at this time, that a Notice of Warning is the appropriate enforcement response for your company?s apparent violation of FIFRA. Should additional information related to FIFRA compliance come to light, the EPA may initiate a more formal enforcement action 2 which could include the filing of a complaint and the assessment of a civil penalty as authorized by Section 14 of FIFRA, 7_U.S.C._136l.

Defendants (1)

• Dmg Resources LLCNamed in settlement

Facilities (1)

• DMG RESOURCES LLC

  620 9TH STREET NORTH, NAPLES, FL, 34102

  Registry ID: 110071845997

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• Dmg Resources LLCentered 2024-08-15

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-08-15Enforcement Action Closed
• 2024-08-15Final Order Issued
• 2024-09-21Enforcement Action Data Entered